[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 6-23-1980 by L.L. No. 1-1980.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 93.
[1]
Editor's Note: This local law also repealed former Ch. 86,
Taxicabs, adopted as follows: Article I, 8-24-1936 by Ord. No. 41;
Article II, 4-26-1937 by Ord. No. 41A.
Unless otherwise expressly provided, the following
words, for the purpose of this chapter, shall have the meanings herein
indicated:
A single act of transporting a passenger or passengers for
hire.
A person operating a taxicab or limousine upon the public
highway of the Incorporated Village of Valley Stream.
A license issued by the Village Clerk for the operation of
a taxicab or limousine by an applicant therefor.
A motor vehicle other than a taxicab, as defined herein,
used in the business of transporting passengers for hire in the Incorporated
Village of Valley Stream, not operated on a fixed route or from a
depot and licensed by the State of New York Motor Vehicle Bureau,
with a number plate having the letter "Z" or such other designation
as the Motor Vehicle Bureau may issue. However, the classification
"limousine" does not apply to any motor vehicle which is:
Stationed at or for hire from a railroad, bus
or gasoline station, club, stand, hotel, parking lot, street, highway
or other public place; or
Used to transport persons for a hotel, transportation
company or similar organization; or
Used under agreement with a club to provide
a regular transportation service for its members and guests; or
Operated at fares determined by zone or taximeter.
The picking up of a passenger for hire within the Incorporated
Village of Valley Stream, and shall be synonymous with the word "drive."
A person owning or controlling one or more taxicabs or limousines
and driving or causing any such vehicle to be driven upon the public
highway for hire.
A person, other than the driver, who is an occupant of a
taxicab or limousine, and, for the purpose of this chapter, such person
or persons shall be presumed to be a passenger or passengers for hire.
An individual, a partnership, any unincorporated association,
a corporation or any other legal entity.
A motor vehicle having a seating capacity for not more than
seven passengers in addition to the driver, used in the business of
transporting passengers for compensation in the Incorporated Village
of Valley Stream, not operated on a fixed route and licensed by the
State of New York Motor Vehicle Bureau, with a license number bearing
the letter "O" or such other designation as the Motor Vehicle Bureau
may issue.
A public place alongside the curb of a street or elsewhere
which has been so designated as reserved exclusively for the use of
all taxicabs assigned to that area and designated as such by the Board
of Trustees of the Incorporated Village of Valley Stream.
The fixed base of operations located in the area for which
the applicant proposes to conduct his taxicab business.
The incorporated area of the Village of Valley Stream, either
on private property or on the highways of the Incorporated Village
of Valley Stream.
An area within the Village established by the Village Board
for the purpose of determining the rates to be charged for the hiring
of taxicabs.
A.
It shall be unlawful for any owner of any taxicab
or limousine to permit the same to be operated upon the public highways
of the Incorporated Village of Valley Stream without having first
obtained and having then in force an owner's license therefor, as
hereinafter provided.
B.
Every owner's license issued hereunder shall be issued
as of the first day of July or subsequent date of issue and shall
expire on the 30th day of June next succeeding such date, unless sooner
revoked.
C.
Every person who desires to operate a taxicab, taxicabs,
limousine or limousines owned or controlled by him shall make written
application to the Village Clerk upon forms to be furnished by the
Village Clerk, verified under oath, stating:
(1)
The name and address of the applicant, specifying,
in the case of any unincorporated association, the names and addresses
of each member thereof and, in the case of any corporation, the names
and addresses of each stockholder, officer and director thereof.
(2)
A complete statement by the applicant, specifying
the amounts of all unpaid judgments against the applicant and the
nature of the transaction or acts giving rise to said judgments and
the name and location of the court in which and the date on which
each was entered.
(3)
All misdemeanors or felonies of which the applicant
and any member thereof, if an unincorporated association, and any
officer or director, if a corporation, has been convicted, stating
the names and location of the court in which and the date on which
such convictions were held and the penalties imposed therefor.
(4)
The facts upon which the applicant intends to establish
that the public convenience and necessity require the granting of
a license.
(5)
If such application shall contain a trade name under
which the business will be operated, a certified copy of the certificate
thereof on file with the County Clerk shall be filed with the application.
(6)
The age and citizenship of the applicant and each
member thereof, if an unincorporated association, and each officer
or director, if a corporation.
(7)
The location of any and all depots and terminals proposed
to be used by the applicant.
(8)
The number of vehicles to be operated by the applicant
and a description of each such vehicle, including the make, model,
passenger seating capacity, year of manufacture, New York State registration
number and motor number thereof
(9)
Any other relevant information which the Village Clerk
may require.
D.
Requisites for issuance.
(1)
If the Village Clerk shall find that further taxicab service in the town and particularly in the area in which the applicant proposes to operate is required by public convenience and necessity and, from the statements contained in the application for a taxicab owner's license, that the applicant is qualified and able to perform such public transportation and to conform with the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Clerk, upon the certification of each taxicab proposed to be operated by the applicant pursuant to § 86-7 hereof and the furnishing by the applicant of proof of insurance as hereinafter provided, shall issue a license stating the name and address of the applicant, the date of the issuance thereof, the number of vehicles the applicant is authorized to operate and the numbers of the license medallions assigned to such vehicles, and at the same time the Village Clerk shall issue for each vehicle licensed hereunder a license card bearing the words "licensed taxicab," an assigned number and the date of expiration of such license, together with a license medallion bearing a like number and the words "licensed taxicab"; otherwise such application shall be denied.
(2)
Before making any finding as to whether public convenience
and necessity justify the issuance of a taxicab owner's license or
the licensing of additional taxicabs, the Village Clerk shall cause
to be published in a newspaper of general circulation in the Incorporated
Village of Valley Stream a notice stating that application has been
made for the licensing of a vehicle or vehicles as taxicabs and the
number of vehicles for which such application has been made and containing
a statement that written arguments as to whether public convenience
and necessity require the licensing of such vehicles must be filed
with the Village Clerk on or before the date fixed herein, which date
must be not less than eight days after the date of such publication.
Any arguments so filed must be considered by the Village Clerk in
making finding as to public convenience and necessity.
(3)
If the Village Clerk shall find from the statements contained in the application that an applicant for an owner's license for a limousine or limousines is qualified and able to conduct the business of operating the limousine or limousines and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Clerk, upon the certification of each limousine proposed to be operated by the applicant pursuant to § 86-7 hereof and the furnishing by the applicant of proof of insurance and evidence of adequate storage space as hereinafter provided, shall issue a license stating the name and address of the applicant, the number of vehicles the applicant is authorized to operate and the date of the issuance thereof; otherwise, such application shall be denied.
E.
In making the findings required by § 86-2D(1) hereof, the Village Clerk shall take into consideration the number of taxicabs already in operation in the town, particularly in the area in which the applicant proposes to locate his depots and terminals, whether existing transportation is adequate to meet the public need, the probable effect of additional taxicabs on local traffic conditions and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
F.
The Village Clerk may, in her discretion, before the
issuance of a license under this section, require the applicant and
any others having knowledge of the facts to submit to an examination
under oath and to produce evidence relating thereto or hold a hearing
upon such application as hereinafter provided.
G.
Additional taxicabs.
(1)
Every owner licensed under this section who shall
desire to add to the number of taxicabs he is then operating shall
make a written application to the Village Clerk upon forms furnished
by the Village Clerk, verified under oath, stating:
(a)
The name and address of the applicant.
(b)
The applicant's owner's license number.
(c)
Any facts which the applicant believes tend
to prove that the public convenience and necessity require such addition.
(d)
A description of each such additional taxicab,
including the make, model, passenger seating capacity, year of manufacture,
state registration number and motor number.
(2)
If the Village Clerk shall find that the addition
of such taxicab or taxicabs is required by the public convenience
and necessity and that the owner has adequate space to accommodate
such taxicab or taxicabs, then the Clerk shall issue a supplementary
owner's license stating the name and address of the applicant, the
numbers of the license medallion assigned to such vehicles and the
date of issuance thereof; otherwise, such application shall be denied.
I.
Any license issued under this section may be renewed annually for an additional period of one year each from the date of expiration upon the filing of an application containing all the information required by § 86-2C(1) hereof and upon the approval of the Village Clerk pursuant to § 86-2D and E, except as to the finding of public convenience and necessity.
J.
No license shall be issued or renewed under this section which shall permit the use of any vehicle as a taxicab or limousine unless and until it has been inspected pursuant to § 86-7A and certified to the Village Clerk as conforming to the provisions of the section.
K.
Each applicant shall, before the issuance of a license
under this section, file with the Village Clerk:
(1)
A description of each motor vehicle to be operated
by the applicant pursuant to the license, including the make, model,
passenger seating capacity, year of manufacture, New York State registration
number, with the letter "O" or "Z" or such other designation as the
Motor Vehicle Bureau may issue and the motor number thereof.
(2)
A memorandum of insurance that the applicant and each
motor vehicle licensed is insured against public liability in the
minimum limits required by the laws of the State of New York for personal
injury and property damage and which insurance policy and certificate
shall provide that the Incorporated Village of Valley Stream shall
be given 10 days' prior notice of cancellation.
L.
Such policy shall not be canceled or suspended either
by the insured or the insurer unless at least 10 days' notice in writing
of the intention to cancel or suspend such policy has been filed with
the Village Clerk, and upon such suspension or cancellation of insurance,
the license of said operator shall stand suspended until such time
as an acceptable policy or certificate of insurance shall be on file
with the Village Clerk.
M.
Failure to comply with § 86-2K within 60 days after approval by the Village Clerk of the application and issuance of a license under this section to operate a taxicab or taxicabs, a limousine or limousines shall be deemed to be abandonment of the application and license in respect to the number of motor vehicles not so reported and not so insured pursuant to § 86-2K hereof.
N.
The owner's license issued hereunder shall not be
transferable.
A.
License required.
(1)
No person shall operate any taxicab or limousine upon
the public highways of the Village without having first obtained and
having then in force a New York State chauffeur's license and an Incorporated
Village of Valley Stream taxicab driver's license issued as hereinafter
provided.
(2)
No person shall operate a taxicab or limousine on
the public highways of the Incorporated Village of Valley Stream unless
such taxicab or limousine shall be duly licensed as herein provided.
B.
Every driver's license issued under this section shall
be issued as of the date of the granting thereof and shall expire
on the 90th day of June next succeeding, unless sooner revoked.
C.
Every person desiring to drive a taxicab or limousine
for hire upon the streets of the Village shall file an application
for a license so to drive with the Village Clerk, which application
shall be in writing upon forms to be furnished by the Village Clerk
and verified under oath and shall state:
(1)
The name, address and age of the applicant.
(2)
A full description of the applicant, including his
color, height, weight, color of eyes and hair and scars or marks and
the nature of any physical infirmity from which he may suffer.
(3)
Recommendation by two residents of Nassau County,
not related to the applicant, who have known the applicant for a period
of one year or more and who will vouch for the applicant's sobriety,
honesty and general good character.
(4)
The names and address of the applicant's employers
during the last 10 years prior to his application.
(5)
All misdemeanors and felonies for which the applicant
has been convicted, stating the name and location of the court and
the date on which each such conviction was had and the penalty imposed
therefor.
(6)
The number and date of issuance of the applicant's
New York State chauffeur's license.
(7)
Any other relevant information which the Village Clerk
may require.
D.
Every applicant for a driver's license, at the time
of submitting his application, shall:
(1)
Submit two individual photographs of the applicant
taken within 30 days prior to the date of the application, 1 1/2
inches by 1 1/2 inches in size, and such pictures must be a true
likeness of the applicant and must show only neck, shoulders and uncovered
head.
(2)
Exhibit his current New York State chauffeur's license
for inspection.
(3)
Produce certification of his police record certified
by the Nassau County Police Department Identification Bureau at a
fee to be paid by the applicant.
E.
Basis for issuance.
(1)
Upon the receipt of the information provided for herein,
the Village Clerk shall issue a taxicab or limousine driver's license
to the applicant if he shall find that the applicant holds a New York
State chauffeur's license and is a fit and proper person to drive
such vehicle, considering his police records and character; otherwise,
such application shall be denied.
(2)
Upon evidence satisfactory to the Village Clerk that an emergency exists, such as the death, resignation or illness of a taxicab or limousine driver, which would cause substantial hardship because of the enforced idleness of a taxicab or limousine, the Village Clerk is authorized to issue a thirty-day temporary driver's license to the applicant therefor, provided that such applicant complies with all the terms and conditions of § 86-3C and D hereof.
F.
The driver's license issued hereunder shall not be
transferable.
A.
The holder of any license which has been suspended
or revoked and any applicant who shall have been denied a license
under this chapter may apply for a review of the action of the Village
Clerk as hereinafter provided:
(1)
Such application shall be in writing, signed and acknowledged
by the applicant, and shall state the ground or grounds on which the
applicant claims that the determination of the Village Clerk was erroneous.
(2)
Such application shall be filed with the Village Clerk
by the applicant within 20 days after notice of denial of his application
by the Village Clerk has been mailed to him or delivered to him in
person.
Whenever it shall be provided herein that a
hearing shall or may be held with respect to any matter:
A.
Such hearing shall be held on a date, at a place and
hour designated by the Mayor.
B.
The Village Clerk shall give notice thereof, stating
the name and address of the applicant or license holder concerned,
the subject matter of the hearing and the date, place and hour thereof
designated therefor, by mailing a copy thereof to the applicant or
license holder concerned at the address shown upon the most recent
application of such applicant or licensee at least 10 days before
such hearing.
C.
At such hearing, a Review Board of two or more Trustees
appointed by the Mayor shall consider the file before the Village
Clerk in connection with the Village Clerk's consideration thereof
and, in its discretion, may receive new or additional evidence in
support thereof or in opposition thereto.
D.
The applicant or license holder involved shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
F.
The Review Board, after such hearing, may affirm the
action of the Village Clerk or direct the Village Clerk to issue a
proper license pursuant to this chapter.
A.
The fees for licenses herein shall be paid to the
Village Clerk prior to the issuance of the license and may be changed
from time to time by the Board of Trustees by resolution.
[Amended 6-18-2013 by L.L. No. 6-2013]
B.
Every license issued hereunder shall be signed at
the direction and in the name of the Village Clerk and sealed with
the Seal of the Incorporated Village of Valley Stream.
C.
The Village Clerk shall keep a record of the following:
(1)
The name and address of each person to whom a taxicab
or limousine owner's license has been issued under this chapter, showing
the date and number of said license and all renewals, suspensions
and revocations thereof.
(2)
Each taxicab or limousine licensed hereunder, stating
the make, model, passenger seating capacity, year of manufacture,
New York State registration number, motor number and the name and
address of the owner thereof.
(3)
The name and address of each person to whom a driver's
license has been issued under this chapter, stating the date and issuance
of said driver's license, and his New York chauffeur's license number.
A.
Every motor vehicle operated upon the streets of the
Village as a taxicab or limousine shall be kept clean, sanitary, fit
and of good appearance and in a safe condition for the transportation
of passengers.
B.
If, following an inspection of any vehicle licensed
under this chapter, the Village Clerk shall determine that said vehicle
requires an additional New York State motor vehicle inspection, the
owner will be required to submit a certificate of inspection from
an authorized state inspection station that the vehicle meets state
safety requirements, within five days of the date of such determination
by the inspector.
A.
The Village Clerk, upon receiving information giving
her reasonable cause to believe that the holder of any license issued
hereunder has been convicted of a misdemeanor or felony or has been
indicted or charged upon information duly filed for the commission
of a misdemeanor or shall have been convicted of a violation of any
of the provisions of this chapter or any rule or any regulation adopted
hereunder or shall have made a false statement or misrepresentation
in his application, may suspend such license for a period not to exceed
three months, pending a hearing by a Trustees' Review Board.
B.
Any license issued hereunder may be suspended by the
Village Clerk if the holder thereof shall be indicted or charged,
upon information duly filed, with a misdemeanor or felony, until such
holder shall be convicted or acquitted of such crime.
C.
If the holder has been convicted of a misdemeanor
or felony, a violation of the provisions of this chapter or any rule
or regulation adopted hereunder or shall have made a false statement
or misrepresentation in his application, the license shall be suspended
by the Village Clerk and a Review Board hearing shall determine whether
the license shall be restored or revoked.
A.
The Village Board may from time to time by resolution
establish stands at such locations upon the streets or other public
places of the town as it deems necessary for the use of taxicabs operated
and driven by the persons licensed hereunder and may prescribe the
number of taxicabs that may occupy each such stand, provided that
it shall find that such stands are required in the interest of public
convenience and necessity and will not tend to create a traffic hazard.
B.
Taxicab stands shall be used only by taxicabs licensed
to operate in the area in which the taxicab stand is located.
C.
No vehicle other than a taxicab duly licensed hereunder
and driven by a person duly licensed hereunder shall at any time occupy
any space established as a taxi stand.
D.
Owners, landlords and tenants liability insurance
shall be held with Village of Valley Stream as named insured in an
amount to be agreed upon between the Village and the tenant.
The following regulations shall be observed
in the operation and driving of every taxicab upon the public highways
of the Village:
A.
Each taxicab operated hereunder shall have one securely
affixed roof light with only the word "taxicab" or "cab," and in addition,
the telephone number or name of licensee may be printed thereon in
such manner as to be visible at all times, but no roof signs shall
be permitted.
B.
No person shall drive any taxicab upon the streets
of the Village unless there are displayed in such taxicab, in a manner
in which they are clearly visible and can be readily observed by all
passengers therein, the license of the driver and a schedule of the
maximum fares applicable within the Village in accordance with a fee
schedule of maximum rates previously filed with the Village Clerk.
C.
At the time a taxicab owner submits his application
and on all succeeding renewal applications, a schedule of rates for
that license period shall be filed.
D.
No rate may be increased until approved by the Village
Board, after notice thereof advertised in a local newspaper for two
successive weeks, and then only upon proof of such publication with
the Village Clerk.
E.
On the outside of each front door shall be the trade
name of the licensee or corporation in letters not less than two inches
and not more than four inches in height, together with the location
of the terminal. In addition, there shall also be affixed to the left
front door or immediately adjacent thereto a medallion issued by the
Village Clerk as herein provided. In addition, on both rear doors
in letters not more than two inches in height shall be the full name
of the owner.
F.
No taxicab driver shall solicit passengers except
while parked or standing at a taxi stand and except when sitting in
the driver's compartment of such taxicab or while standing immediately
adjacent thereto nor in a loud or annoying tone of voice nor by sign
nor in any manner annoy, obstruct the movement of or follow any person
for the purpose of soliciting patronage.
G.
No taxicab driver shall cruise in search of passengers.
H.
No taxicab driver shall stop to pick up any additional
passengers while proceeding to the destination of any passengers then
occupying the taxicab without the consent of all such passengers.
I.
No taxicab driver shall permit more persons to be
carried in his taxicab than the number for which he has seating facilities.
A.
Rates within certain zones.
[Amended 12-11-1989; 9-1-1998; 9-20-2004 by Res. No.
123/04]
(1)
Schedule of rates. It shall be unlawful for any taxicab
owner or operator or for any taxicab driver to charge fares for taxicab
services in excess of the following schedule of rates:
(a)
Zone 1.
[1]
Three dollars and fifty cents per person to
or from Valley Stream Railroad Station and any point within Zone 1.
[2]
Four dollars for house-to-house calls within
Zone 1.
[3]
Two dollars and fifty cents for each additional
person entering at the same point of origin and disembarking at the
same destination.
(b)
Zone 2.
[1]
Three dollars and seventy-five cents per person
to or from Valley Stream Railroad Station and any point within Zone
2.
[2]
Four dollars and twenty-five cents for house
to house calls within Zone 2 or between Zone 1 and Zone 2.
[3]
Two dollars and fifty cents for each additional
person entering the same point of origin and disembarking at the same
destination.
(2)
The zones established for the purpose of determining the fares to be charged for the hiring of taxicabs and prescribed by § 86-11A(2) of Chapter 86 of the Code of the Village of Valley Stream are as follows:
(a)
Zone 1: area within the following boundaries:
[1]
Beginning at Sunrise Highway and Mill Road;
south on Mill Road to South Drive; east on South Drive to Cochran
Place; south on Cochran Place to Dubois Avenue; north on Dubois Avenue
to Rockaway Avenue; east on Rockaway Avenue to Woodlawn Avenue;
[2]
North on Woodlawn Avenue to Sunrise Highway;
east on Sunrise Highway to Horton Avenue; north on Horton Avenue to
Merrick Road; West on Merrick Road to Emerson Place; north on Emerson
Place to Franklin Avenue at Wheeler Avenue;
[3]
West on Wheeler Avenue to Morris Parkway; west
on Morris Parkway to Corona Avenue; south on Corona Avenue to Hendrickson
Avenue; west on Hendrickson Avenue to Central Avenue; south on Central
Avenue to Hoffman Street; west on Hoffman Street to Terrace Place;
south on Terrace Place to Sunrise Highway; east on Sunrise Highway
to the point of origin at Mill Road.
(b)
Zone 2: all other areas within the Incorporated
Village of Valley Stream.
B.
It shall be mandatory for the licensee to post said
rates in a clear and visible location within the vehicle in order
that the passenger may be apprised of the schedule of rates.
C.
It is further mandatory upon the licensee to post
an identification card inside said vehicle. On said identification
must appear the photograph, name and address of the licensed driver
and the name of the owner of said vehicle.
D.
The aforesaid schedule of fees can be changed by resolution
of the Board of Trustees at an open meeting.
Any person or persons, firm, association or
corporation violating this chapter or any part thereof shall be liable
for and forfeit and pay a penalty not exceeding $50 for each violation
thereof for the use of the Village, and any violation of this chapter
or any part thereof shall constitute disorderly conduct, and any person
or persons, firm, association or corporation violating this chapter
or any part thereof shall be and is hereby declared a disorderly person.
No person or persons shall drive or operate
an automobile, taxicab, public carriage, hack, stage, public wagon
or vehicle of any sort for the transportation for hire of persons
within the Village of Valley Stream without obtaining a license therefor.
